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Bombay High CourtCHOL/20/2024disposed off

Sharmila Abhay Palkar v. Surendra Raghunath Potnis

2024-02-12E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)3 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.)/ Addl. Prothonotary and Senior Master Date : 12 th February, 2024.

FOR DIRECTION :

5. CHOL/20/2024 Mr. Balu S. Dhatrak, Advocate for the Applicant / Petitioner.

In TP/2330/2023 P.C. : 1.

The present Chamber Order is taken out to serve the Citation upon the legal heirs of the deceased viz. Vikrant Surendra Potnis (Son of the deceased) by way substituted service, as per the Schedule annexed to the Chamber Order.

2.

Perused Schedule. The Petitioner is seeking permission to publish the Citation in two newspapers viz. "Free Press Journal" in English Language and in "Navshakti" in vernacular language i.e. Marathi.

3.

Perused the Affidavit dated 19th January 2024 annexed to Chamber Order. In Para-2 of the said Affidavit, it is stated that the Applicant / Petitioner had served citation upon Vikrant ..2/-

: 2 :

Surendra Potnis at his address mentioned in the aforesaid matter by RPAD through the Sheriff of Bombay.

However, the packet was returned by the postal authority with the remark "Unclaimed". The Applicant has filed Affidavit dated 28.12.2023 of the Bailiff of Sheriff of Bombay in respect of the same. In Para-3 it is further submitted that Vikrant Surendra Potnis was residing at the aforesaid address but since last more than 4 years he has not returned to said address and Applicant not personally aware about his whereabouts. The Applicant also made enquiry with their friends and relatives and enquired about his whereabouts but no one is aware about the same.

4.

Hence, for the reasons stated in th January 2024 Affidavit dated 19 annexed to the Chamber order and averment made in Para-2 and 3 of the said Affidavit, the present Chamber order is granted, and the same is signed separately.

..3/-

: 3 :

5.

Publication of Citation to be done one in English newspaper in "Free Press Journal" and one in "Navshakti" in Marathi newspaper vernacular language, within four weeks from the date of uploading the order. Office is directed to issue fresh Citation, if required.

6.

Advocate to file Affidavit annexing therewith the newspapers within two weeks once, the publication is done.

Addl. Registrar (O.S.)/ 12.02.2024 Addl. Prothonotary and Senior Master